CS(OS)--2157/2009. Case: ADVANCE MAGAZINE PUBLISHERS INC AND ANR Vs. M/S JUST LIFESTYLE PVT LTD. High Court of Delhi (India)
| Case Number | CS(OS)--2157/2009 |
| Citation | NA |
| Judgement Date | July 09, 2015 |
| Court | High Court of Delhi (India) |
$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2157/2009 & IAs No.343-44/2010, 5440/2010,
6308/2010, 12342/2010 and 4864/2012
ADVANCE MAGAZINE PUBLISHERS INC AND ANR..... Plaintiffs
Through: Mr. Sunil Wadhwa, Advocate versus
M/S JUST LIFESTYLE PVT LTD ..... Defendant
Through: Ms. Manmeet Arora, Advocate with Mr. Apoorv P. Tripathi and Ms. Chand Chopra, Advocates for the defendant.
Mr. Ashish Dholakia, Advocate for the applicant in I.A. 4864/2012.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
O R D E R % 09.07.2015
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The plaintiff has instituted the present suit against the defendant for permanent injunction praying inter alia that they be from infringing their trademark, for passing off, dilution of etc.
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Counsel for the defendant No.1 states that after appearance, she had filed the written statement, wherein one preliminary objections taken by the defendant No.1 was that this Court is not vested with the territorial jurisdiction to entertain the suit. Subsequently, vide order dated 04.03.2010, fourteen issues were framed and the first issue with regard to the territorial jurisdiction
CS(OS) 2157/2009 Page 1
this Court was taken up for arguments in the first Thereafter, the plaintiff had filed an application under Order VI Rule 17 CPC for seeking amendment of the plaint, registered as 6309/2010, which was heard and allowed vide order While allowing the said application, M/s Priority Marketing Pvt.
was permitted to be impleaded as defendant No.2.
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Aggrieved by the aforesaid order, the defendant No.1 had an intra court appeal, registered as FAO(OS)36/2012 that was allowed by the Division Bench vide order dated 09.01.2013 and the order dated 18.11.2011 was set aside. The plaintiff had challenged the decision of the Division Bench by filing an appeal before the Court, registered as C.A. 4912/2015.
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Counsels for the parties state that the aforesaid appeal heard and decided by the Supreme Court alongwith Civil No.10643-10644/2010 entitled Indian Performing Rights Ltd. vs. Sanjay Dalia and Anr. Vide judgment dated 01.7.2015, Supreme Court had dismissed the plaintiff’s appeal and held that Delhi Courts...
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